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Accused rapist Ched Evans to be released from prison

he thinks that because he believes that a woman willing entering a hotel room means that she can't have been raped. Classic rape apologist material
I read Joe as claiming that if she had entered the room willingly and subsequently made no complaint of rape it was never going to be possible to prove it, not that she can't have been a victim of rape.
Not sure that's correct, especially given the first verdict, but it's not rape apologetics either.
 
To which you responded:
Well he wasn't asking me that question but I'll answer it anyway.

No. I wouldn't use "crock of shit" though and this is a complex case with a lot of issues.

Super-lawyer Athos wants you to agree that he's better acquainted with the law than 3 appeal court judges. In reality he was just looking for a vehicle to strut his stuff about s.41.

Originally I misread the transcript and thought that the new evidence had been adduced, in part, to establish a pattern of behaviour of X forgetting about consensual sex. I was wrong about this and withdrew it. However, on the evidence itself I find it hard to believe that NOT ONE juror strenuously objected to its admission. Not one in twelve, seven of whom were women. We don't know that they acquitted him on the the new evidence (even if they did we can't be certain it was bought) but we do know that the new evidence is what brought about the second trial.

My position is that on the evidence I've seen, I don't think that I could have found him guilty of rape beyond a reasonable doubt had I been a juror on the first trial. The new evidence has therefore, directly or indirectly, resulted in what I believe may have been a possible miscarriage, being righted.

I don't believe that makes me a rape apologist.
 
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I read Joe as claiming that if she had entered the room willingly and subsequently made no complaint of rape it was never going to be possible to prove it, not that she can't have been a victim of rape.
That's how I read it too. Joe Reilly 's post looks dodgy but he did not say that nobody gets raped in rooms which they have entered willingly, and he didn't say that she was not raped.
He just said (far as I understand it) that without any accusation from her, in his opinion there was not enough there to launch a solid criminal investigation on in the first place.
 
A 'possible miscarriage of justice' being defined as a jury of 12 people who heard the evidence disagreeing with someone who didn't (but who had heard a load of other crap on the web).
 
That's how I read it too. Joe Reilly 's post looks dodgy but he did not say that nobody gets raped in rooms which they have entered willingly, and he didn't say that she was not raped.
He just said (far as I understand it) that without any accusation from her, in his opinion there was not enough there to launch a solid criminal investigation on in the first place.
To me, that means he doesn't think it worth investigating, which is well dodge IMO
 
Yes, just as you obviously feel about the second trial?
No. I don't disagree with the jury's conclusion about the evidence they heard, but with the decision to quash the original verdict and admit the new evidence. Big difference.
 
A 'possible miscarriage of justice' being defined as a jury of 12 people who heard the evidence disagreeing with someone who didn't (but who had heard a load of other crap on the web).

All previous miscarriages of justice involve a jury of 12 people hearing all the evidence. (Or so they were led to believe.)
 
What was your reaction to the introduction of the woman's sexual history as the 'new evidence' Joe?
 
No. I don't disagree with the jury's conclusion about the evidence they heard, but with the decision to quash the original verdict and admit the new evidence.
Three appeal court judges disagreed with you. And you haven't got a damn clue what went on in the jury room.

Someone on the jury may have said "you know, I think the first jury may have got this wrong", and the others agreed. That's perfectly plausible.
 
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Yes. But it doesn't follow from that the the new evidence ought to have been admitted in this case.
I understand your objection better now. Your honest statement that you think you'd have found them both guilty had you been a juror at the first trial is also a part of this though; underneath all the valid objections to the admission of this new evidence is something deeper and less coolheaded I think.
 
That's how I read it too. Joe Reilly 's post looks dodgy but he did not say that nobody gets raped in rooms which they have entered willingly, and he didn't say that she was not raped.
He just said (far as I understand it) that without any accusation from her, in his opinion there was not enough there to launch a solid criminal investigation on in the first place.

It's not only that. Without any accusation from her, the police nevertheless took it upon themselves to prove a serious crime had been committed, and without any contribution whatsoever from the primary witness/victim, felt entitled along with the CPS, to fill in the blanks.

Once the had put themselves in that position, the next step was a very small one: inventing a sufficiently convincing narrative to secure conviction. Coppers front and central is my primary objection to the way the whole process developed. It as good as guaranteed it would end as it did.
 
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It's not only that. Without any accusation from her, the police nevertheless took it upon themselves to prove a serious crime had been committed, and without any contribution whatsoever from the primary witness/victim, felt entitled along with the CPS, to fill in the blanks.

Once the had put themselves in that position, the next step was a very small one: inventing a sufficiently convincing narrative to secure conviction.

Most of that is not unusual. A boy was killed in my street last year. The police's job was to build a case with no primary witness (nobody saw the actual moment) and the victim for obvious reasons was not able to tell them anything.
So they did it using CCTV and forensic evidence. The trial is not over yet, the accused says they are innocent etc.
But yes, the difference is there was clear unequivocal evidence here that a serious crime had been committed.
 
Ok but .. that in itself is not unusual. A boy was killed in my street last year. The police's job was to build a case with no primary witness (nobody saw the actual moment) and the victim for obvious reasons was not able to tell them anything. So they did it using CCTV and forensic evidence. The trial is not over yet, the accused says they are innocent etc.
CCTV and forensics are 'witnesses' if you like in that case. But neither CCTV or forensics are of any value whatsoever as to what actually happened between the parties in the room in the case here.
 
It's not only that. Without any accusation from her, the police nevertheless took it upon themselves to prove a serious crime had been committed, and without any contribution whatsoever from the primary witness/victim, felt entitled along with the CPS, to fill in the blanks.

Once the had put themselves in that position, the next step was a very small one: inventing a sufficiently convincing narrative to secure conviction. Coppers front and central is my primary objection to the way the whole process developed. It as good as guaranteed it would end as it did.
I must have missed something. Have the been accusation of the police falsifying or withholding crucial evidence? Have they been beating confessions out of people in this case? All the evidence is that cops being the utter shits they are, would be more likely to do the opposite of what you describe and fail to investigate possible rapes, rather than try and fabricate a case for one.
 
Most of that is not unusual. A boy was killed in my street last year. The police's job was to build a case with no primary witness (nobody saw the actual moment) and the victim for obvious reasons was not able to tell them anything.
So they did it using CCTV and forensic evidence. The trial is not over yet, the accused says they are innocent etc.
But yes, the difference is there was clear unequivocal evidence here that a serious crime had been committed.
upload_2016-10-17_17-48-17.png
BBC NEWS | UK | New CCTV unit tackles UK crime

cctv has been treated as forensic evidence for some time.
 
Did you find it problematic that a woman's sexual history was allowed as evidence?

Introducing someone's sexual history has been shown to interfere with securing justice in the past. Generally I would go along with that. But securing justice is the objective remember. So yes, its problematic, but in this specific case also correct.
 
CCTV and forensics are 'witnesses' if you like in that case. But neither CCTV or forensics are of any value whatsoever as to what actually happened between the parties in the room in the case here.

That is your opinion but not shared by everyone, including the judge in the first trial, clearly, who spoke in his sentencing statement of the CCTV footage showing how drunk she was as key to the whole argument that she could not have given meaningful consent, to either of them.
 
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